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De La Torre v. CashCall, Inc.

United States Court of Appeals, Ninth Circuit

April 21, 2017

Eduardo De La Torre; Lori Saysourivong, Plaintiffs-Appellants/ Cross-Appellees,
v.
CashCall, Inc., Defendant-Appellee/ Cross-Appellants.

          Argued and Submitted February 16, 2017 San Francisco, California

         Appeal from the United States District Court for the Northern District of California, D.C. No. 3:08-cv-03174-MEJ Maria-Elena James, Magistrate Judge, Presiding

          James C. Sturdevant (argued), The Sturdevant Law Firm, San Francisco, California; Jessica Riggin and Steven M. Tindall, Rukin Hyland Doria & Tindall LLP, San Francisco, California; Arthur D. Levy, Law Office of Arthur D. Levy, San Francisco, California; for Plaintiffs-Appellants/Cross-Appellees.

          Brad W. Seiling (argued), Donald R. Brown, and Joanna S. McCallum, Manatt Phelps & Phillips LLP, Los Angeles, California, for Defendant-Appellee/Cross-Appellant.

          Caryn Becker, Oakland, California, as and for Amicus Curiae Center for Responsible Lending. Ted Mermin, Berkeley, California, as and for Amicus Curiae Public Good Law Center.

          Michael J. Quirk, Williams Cuker Berezofsky LLC, Philadelphia, Pennsylvania, for Amicus Curiae National Association of Consumer Advocates.

          Before: A. Wallace Tashima and Andrew D. Hurwitz, Circuit Judges, and Lynn S. Adelman, [*] District Judge.

         ORDER CERTYING QUESTION TO THE CALIFORNIA SUPREME COURT

         SUMMARY[**]

         Certification of Question to California Supreme Court

         The panel certified the following question to the California Supreme Court: Can the interest rate on consumer loans of $2500 or more governed by California Finance Code § 22303, render the loans unconscionable under California Finance Code § 22302?

          ORDER

         The central issue in this case is whether the interest rates on consumer loans of $2500 or more that are governed by California Finance Code § 22303, which provides no interest rate limitations on such loans, can be deemed unconscionable under California Finance Code § 22302 and thus be the predicate for a private cause of action under the California Unfair Competition Law ("UCL"). The answer to this question could determine the outcome of this matter and there is no controlling precedent. We therefore respectfully request that the California Supreme Court exercise its discretion to decide the certified question presented below. See Cal. R. Ct. 8.548(a). Absent certification, we will "predict as best we can what the California Supreme Court would do in these circumstances." Pacheco v. United States, 220 F.3d 1126, 1131 (9th Cir. 2000).

         I. Administrative Information

         We provide the following information in accordance with California Rule of Court 8.548(b)(1).

         A. The title and numbers of this case are:

No. 14-17571, No. 15-15042
EDUARDO DE LA TORRE; LORI SAYSOURIVONG, Plaintiffs and Appellants, ...

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